Terms

TERMS AND CONDITIONS OF RENTAL

I. General provisions

1) The Regulations define the rules for the proper use of a vehicle being the object of rental (hereinafter referred to as the “Vehicle”), the rights and obligations of the Lessee and the Lessor.
2) If the vehicle is made available to another person by the Lessee, it is the duty of the Lessee to inform that person reliably about the content of the Regulations. The Lessee bears responsibility for any action of the person to whom he has given the vehicle that is incompatible with the rental rules.
3) The vehicle may be driven only by a person holding a valid driving licence as defined by Polish law.
4) The Lessee does not have the right to sublease, lend or transfer the Vehicle to third parties without the prior written consent of the Lessor. This reservation does not apply to members of the Lessee’s immediate family (i.e. ascendants, descendants, siblings and the Lessee’s spouse).
5) The Lessor or other persons authorised by him, has the right to control the use and condition of the vehicle and the Lessee’s documents related to the above circumstances, while the Lessee is obliged to allow the control and make the aforementioned documents available.
6) Whenever the Regulations refer to a “Fee indicated in the Fee Schedule” it shall be understood as a fee that the Lessee who is not a consumer is obliged to pay to the Lessor regardless of the fault of the Lessee and regardless of the amount of the damage of the Lessor and the amount of compensation received by the Lessor in connection with insurance of the Vehicle. The Lessor shall be entitled to claim additional compensation from the Lessee in the event that the administration fee does not cover the entire damage. In the case of the Renters who are consumers, the fee indicated in the Table of Fees has an informative function and constitutes an approximate amount of the damage of the Renter in the case of a given event. The Lessee who is a consumer shall be responsible on a fault basis, subject to broader responsibility provided for by legal regulations. The Lessee who is not a consumer shall only be exempted from liability by force majeure and the sole fault of the Lessor.
7) Unless agreed otherwise, all payments for the rental of the Vehicle shall be paid by the Lessee at the cash desk of the Lessor or by transfer to the bank account of the Lessor with the following number: PL 55 1090 2053 0000 0001 4713 0861, kept by Santander Bank Polska in Krakow.
8) If the terms and conditions of the agreement are not fulfilled or if false data is presented, the Lessor has the right to pass on the personal, registration and image data of the Lessee and additional drivers to the law enforcement authorities and to directories of dishonest customers and business partners.
9) After booking a car via the website, a rental contract will be drawn up before the car is released.
10) The company Trans Area sp. z o.o. may refuse to give out a car after booking through the website without giving any reason.
11) Reservation of a car via website with collection after office hours or delivery to the indicated address must be confirmed by phone.
12) The Rental will not return money paid in advance for booking a car via the website. The reservation is completed, booked and invoiced. The customer may use the money paid at any other time after determining the nearest available date.
13) Payments are handled by PayLane sp. z o.o. with its registered seat in Gdańsk, 4 Norwida Street, postal code: 80-280, KRS: 0000227278.

 

II. Basic obligations:

1) The Lessee of the Vehicle is obliged to:
(a) to carry valid documents required by traffic control (valid and honoured on the territory of the Republic of Poland driving licence, registration card, confirmation of civil liability insurance),
b) to protect the Vehicle against theft (to lock the Vehicle every time and to switch on all anti-theft devices),
c) to perform at his own expense and effort daily maintenance of the Vehicle, i.e:
– checking and replenishing the level of operating fluids, i.e. brake fluid, engine oil, coolant, windscreen washer fluid,
– checking the pressure in the tyres and the condition of the tyres,
– checking the operation of signalling, passing and driving lights,
– keep the Vehicle appropriately clean,
– to use fuel in the Vehicle which complies with the engine specification given in the registration card
– to follow the recommendations of the manufacturer of the Vehicle as indicated in the manual of the Vehicle.
2) The Lessee does not have the right to:
(a) to tow other vehicles in the Vehicle,
b) to make any alterations in the Vehicle or any other changes contrary to the properties and purpose of the Vehicle,
c) exceed the allowed number of passengers and the allowed load capacity of the Vehicle,
d) Smoking in a Vehicle,
e) to perform other actions that may cause damage to the Vehicle.
3) Smoking is strictly forbidden in all Mays’ cars, failure to accept the above mentioned provision of the Rental Regulations will result in a one-off fee of 500PLN for the Company or the person renting the vehicle.

III. Breakdown, Service and Repair:

1) Unless otherwise stipulated in the agreement, the Lessor shall not be liable for any damage suffered by the Lessee as a result of a breakdown, damage, accident or collision in the Vehicle, unless the damage was caused by the Lessor through intentional fault.
2) In the event of a breakdown in the Vehicle or the need for servicing, the Lessee is obliged to immediately inform the Lessor. In the case of a defect or damage to mechanical components of the Vehicle, it is forbidden to continue driving without the consent of the Lessor.
3) The Lessee does not have the right to order any repairs, corrections, modifications, inspections or other
3) The Lessee does not have the right to order any repairs, corrections, modifications, overhauls or other repair or maintenance works in the Vehicle without the prior written consent of an authorised representative of the Lessor. Such consent may also be given electronically (e-mail).
4) The Lessor’s authorised representative is the Technical Advisor who operates the Technical Hotline, phone: +48 728 428 000
5) Notification of service needs is made verbally (by phone or in person) with a justification (failure, collision etc.). The request should be addressed to the Lessor’s Technical Advisor. The Technical Advisor analyses the application and manages the process of service (repair) of the vehicle, directing it to the appropriate service station and having the necessary work carried out directly.
6) The inspections and repairs should be carried out only in mechanical and body and paint services indicated by the Lessor’s authorised representative throughout Poland. The Lessee does not have the right to carry out scheduled servicing of the Vehicle outside Poland.
7) The Lessee is not authorised to sign invoices for the works performed, as a “person authorised to collect the invoice” and to make declarations of will on behalf of the Lessor.
8) If the Lessor gives his consent for the Lessee to have the vehicle serviced, the Lessee is obliged to make sure, with due diligence, that all the works ordered have been carried out reliably and to sign the protocol of acceptance of the vehicle from the service. The Lessee is also obliged to ensure that the technical documentation of the Vehicle contains all the data required by the guarantor relating to the performance of warranty or post-warranty inspection of the Vehicle.
9) The Lessee is responsible towards the Lessor for the damage to the Vehicle, unless the damage to the Vehicle was caused without the fault of the Lessee. In particular, the Lessee is responsible for the damage to the Vehicle resulting from lack of oil in the engine, lack of oil in the gearbox, lack of brake fluid, maintaining inappropriate pressure in the tyres, exceeding the maximum allowed load capacity, using the Vehicle contrary to its purpose, the manual and the applicable regulations and rules of using and operating motor vehicles and their components.
10) Using the assistance of the manufacturer or insurance company of the vehicle does not release the Lessee from the obligations mentioned above.

IV. Damage, accident, burglary, vehicle theft - procedure to follow:

1) In the event of a road accident/collision/burglary/theft of a vehicle, the Lessee is obliged to call the Police and ensure the preparation of a report from the accident scene. With the individual consent of the Lessor it is allowed to waive this obligation in the case of minor damages liquidated from the insurance policy.
2) In case of damaging a vehicle, especially due to a road accident, collision, vehicle burglary or vehicle theft,
The Lessee is obliged to:
– immediately notify the authorised representative of the Lessor (Lessor’s Technical Advisor),
– immediately report the damage to the insurer (within the time specified in the general conditions of AC insurance or within 3 working days in case of damage liquidated from the third party liability of the perpetrator),
– The Rentee is obliged to follow the instructions of the Rentor’s authorised representative (the Technical Advisor of the Rental Company).
Lessor’s Technical Advisor),
3) The Rentee, when reporting a road accident, collision, vehicle burglary or vehicle theft is entitled to notify the Renter of his/her wish to use the AC insurance policy. The Lessor manages the proceedings connected with the liquidation of damages, but it can take place effectively only with the active participation of the user of the Vehicle. In connection with the use of AC policy by the Lessee, the Lessee is obliged to pay a fee indicated in the price list.
4) The Lessee is not allowed to repair a damaged Vehicle on his/her own.

V. Other provisions:

1) The Lessee is obliged, after the termination of the rental, to return the Vehicle to a place agreed upon by the parties. Returning the Vehicle to a place other than the one agreed upon when concluding the rental agreement is allowed after agreeing with the Lessor, against payment of a Fee indicated in the Table of Fees.
2) The intention to extend the rental period of a vehicle must be reported at least 12 hours before the expiry of the term of return. An extension of the rental period by at least 24 hours requires a written agreement with the Lessor, concluded at the Lessor’s premises. Failure to report the intention to extend the rental of the Vehicle and failure to return the Vehicle within 24 hours from the expiry of the rental period is treated as an appropriation of the Vehicle and is reported to the Police. In the case of delay in the return of the Vehicle, the Rentee is obliged to pay the Fee specified in the Table of Charges. In the case of not returning the Vehicle on time, the Lessor is entitled to collect the Vehicle, the keys, the policy and other documents of the Vehicle from the Lessee and to charge the Lessee with all the costs incurred in connection with this.
3) The Lessee is obliged to return the Vehicle with the same amount of fuel as he received when collecting the Vehicle. For any lack of fuel the Hirer pays the Fee indicated in the Table of Charges.
4) After the return or replacement of the Vehicles used by the Lessee, the Lessor has the right to charge the Lessee with the following costs:
(a) to replenish the equipment of the Vehicle or its parts described in the Protocol of Transfer/Receipt of the Vehicle and compensation for exceeding normal wear and tear of the Vehicle inside or outside (including elements of upholstery, hubcaps and rims and tyres),
b) to repair damage to the vehicle caused by improper use of the Vehicle or by the Rentee’s negligence, for which
the insurer is not responsible on the basis of the AC insurance contract,
c) restoring the Vehicle to a condition corresponding to normal wear and tear.
5) In cases listed in point V no. 4), the amount of compensation is determined on the basis of a repair calculation prepared by an entity which is an authorised dealer or on the basis of a VAT invoice documenting the costs of repairing the damage or completing the equipment in the Vehicle. In the case of a repair calculation, the Audatex system will be used to determine the cost of repair, and in the case of the need to purchase parts, the dealer’s current parts price list will be used.
6) The Lessee is not responsible for the exploitation damages of the Vehicle. The Protocol of Acceptance of the Vehicle shall only indicate
damages of the Vehicle other than exploitation damages. The Lessee has the right to submit objections to the Protocol of Acceptance of the Vehicle in the case of questioning the type of damage entered in the Protocol of Acceptance of the Vehicle.
7) The Lessor, in the case of immobilisation of a vehicle for a period longer than 24 hours, shall provide the Lessee with a substitute car, if possible. The substitute car should, if possible, be of a standard corresponding to the standard of the Vehicle.
A substitute car will not be provided in the event of:
a) occurrence of at least one of the following events: loss of the registration card, insurance policy, car keys, registration plate(s),
b) immobilisation of the Vehicle outside the territory of the Republic of Poland.
8) The Rentee is obliged to return a substitute vehicle immediately after collecting the Vehicle, but not later than the next day after receiving information about repairing the Vehicle.
9) If the Rentee loses the registration card or insurance policy or the keys or registration plate(s)
registration plate(s) of the Vehicle, the rental continues and the Lessor undertakes to immediately reconstruct the missing element.
10) In the event of losing the keys to a Vehicle, the Lessee is obliged to immediately secure the Vehicle against theft and to immediately inform an authorised representative of the Lessor about the loss of the keys and to follow his/her instructions.
11) The Vehicles have full third party insurance, AC insurance releasing the Lessee and the user of the Vehicle from liability in case of collision and theft in the scope of standard conditions with the exception of exclusions resulting from the general conditions of vehicle insurance, in particular:
(a) deliberate damage to the Vehicle
(b) damage while the Vehicle is being driven while under the influence of alcohol, intoxication, drugs or psychotropic substances and without a valid driving licence
(c) where the driver has fled the scene,
d) theft of the Vehicle in case when the user did not secure the Vehicle against theft, excluding the case of robbery in accordance with the provisions of general conditions of insurance contracts,
e) theft of the Vehicle in which all anti-theft devices installed in the Vehicle have not been activated,
f) other damage, if not covered by the insurer or the perpetrator of the damage,
g) other cases resulting from general terms and conditions of insurance contracts and legal regulations.
12) The Lessee is obliged to familiarise himself with the provisions of the policy, general terms and conditions of vehicle insurance agreements as well as amendments to general terms and conditions of vehicle insurance agreements and observe the provisions contained therein under pain of liability for damage. The valid general conditions of insurance contracts are published on the insurers’ websites. The Lessor shall make the general conditions of insurance contracts in force available to the Lessee at the conclusion of the rental agreement and at any time at a branch of the Lessor.
13) The Lessee declares that the Vehicle has the anti-theft protections required by the insurer.
14) The Lessee acknowledges that the condition of payment of compensation by the insurer is reporting the damage by the user of the Vehicle within the term indicated by the insurer. The Lessee undertakes to ensure that in the case of a vehicle damage or any other damage included in the risk covered by the OC insurance of the perpetrator of the damage or AC insurance, the user of the Vehicle, in agreement with the Lessor, reports the damage to the insurer, signs appropriate declarations required by the damage liquidation procedure, delivers documents indicated by the insurer and fulfils other requirements indicated by the insurer.
15) Moving the Vehicle outside the territory of the Republic of Poland is allowed according to the following rules:
a) to all countries of the European Union, on condition of obtaining a written consent from the Lessor at the request of the Lessee and after paying an appropriate fee in accordance with the Lessor’s current price list,
b) other European countries, provided:
– that it is consistent with the territorial scope of the AC policy protection,
– obtaining individual written consent of the Lessor at the request of the Lessee,
– stating the planned date of the foreign stay,
– after paying an appropriate fee in accordance with the current price list of the Lessor and paying a possible fee connected with the necessity to purchase additional insurance (AC extension, Green Card, etc.).
c) It is forbidden to move the Vehicle to Russia, Ukraine, Belarus, Moldavia and Kosovo without a written consent of the Lessor and without additional AC insurance according to the territorial range.
16) In the case of trips outside the country, the scope of services provided by the Lessor is limited and the quality of support depends on the specifics of the region.
17) During the rental period the Lessor will be obliged to repair any partial damage to the vehicle only if it endangers the safety of the vehicle users or third parties.
18) The Lessee is obliged to cover administrative fees connected with the use of the Vehicle by the Lessee and imposed on the Lessor, in particular it concerns the fees for parking the vehicle in paid parking zones and additional fees for non-payment of parking fees.
19) The Trans Area company is not responsible for the items left in the car. After one month from returning the car all the stuff becomes the property of Trans Area Sp. z o.o.
20) In class B and C, a minimum deposit of 300 PLN is compulsory for persons under 25 years of age.

TABLE OF FEES (amounts quoted are gross amounts):

 1. 1. Abolition of administrative fee for the process of vehicle damage elimination. Does not include filling up the car with the wrong fuel or damages not covered by the Autocasco policy  A,B,C-20 zł / day,     D,P,R-30 zł / day,   E,SUV-50 zł / day
  2. Restoration of lost registration card, insurance policy, licence plate or registration sticker on the window  369zł
 3. Replacement of keys, locks and ignition due to loss of key. According to the valuation of an authorised service + 50zł
 4. Each day of vehicle standstill outside of the rental period due to the replacement of the above-mentioned items.  120zł
 5. Recovery of technical documents (Vehicle Service Record, Warranty Book, Owner’s Manual). PLN 250 for each document  250zł each document
 6. Providing written information at the request of law enforcement and administration bodies about the user of the vehicle with which an offence has been committed.  123zł
 7. Replacement of a non-original / original hubcap.  100zł / 200zł
 8. Delay in vehicle return. Three times the daily rental fee in gross amount for each day of delay.
 9. Fee for km over the specified limit  A,B,C,P,R-0,40zł,       D,E,SUV-0,60zł
 10. Filling up missing fuel. Actual cost + 50zł
 11. Administrative fee for the settlement of a vehicle damage from Autocasco policy.  A,B-1300zł,                 C,D,P,R-2500zł,         E,SUW-5000zł
 12. Administrative fee for liquidation of total or theft damage from policy. A,B-2600zł,                C,D,P,R-5000zł,        E,SUW-10000zł
 13. Dismantling of parts of the vehicle equipment or making other alterations or changes without the Lessor’s consent.  200zł
 14. Failure to inform the Lessor about the necessity of carrying out the warranty or post-warranty inspection.  3000zł
 15. Lack of informing the Renter of the necessity to perform tests.  400zł
 16. Smoking in the vehicle.  500zł
 17. Towing other vehicles with a rented vehicle.  300zł
 18. Making the vehicle available to a person not entitled to drive it.  500zł
 19. llegal transfer of the vehicle outside of the country.  500zł

INFORMATION ON PROCESSING OF PERSONAL DATA

As of 25 May 2018, the EU Regulation on personal data protection – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter the “RODO Regulation”) will come into force. The national data protection legislation will also change, in particular the current Data Protection Act of 29.08.1997 will be repealed and the Data Protection Act of 10 May 2018 will come into force (these provisions are hereinafter collectively referred to as the “RODO Regulations”).
In connection with the implementation of the RODO Regulations, Trans Area Sp. z o.o. with its registered office in Krakow, Stanisława Lema Street 24/LU1 (hereinafter referred to as Trans Area) informs you about the principles of processing your personal data and your rights related to it.
The following rules apply as of 25 May 2018.

I. DESIGNATION OF THE CONTROLLER OF PERSONAL DATA

The Administrator of Personal Data is Trans Area (hereinafter referred to as the “DO Administrator”). Contact with the DO Administrator is possible via e-mail: biuro.transarea@gmail.com or in writing to the address: Trans Area Sp. z o.o., 31-571 Krakow, Stanisława Lema Street 24/LU1 with the note “Personal Data”.

II. PURPOSE AND SCOPE OF PERSONAL DATA PROCESSING

(1) Trans Area processes your personal data:
(a) in order to take steps prior to entering into a contract at the request of the data subject or in order to perform a contract to which the data subject is a party [Article 6(1)(b) of the RODO Regulation],
b) in order to comply with a legal obligation incumbent on the Controller of the DO [Article 6(1)(c) of the RODO Regulation],
c) on the basis of legitimate interests [Article 6(1)(f) of the DPA Regulation] in order to:
I. direct marketing of Trans Area’s own products or services;
II. organising and conducting competitions and other marketing actions,
III. monitoring and improving the quality of the provided services, including monitoring of telephone calls and customer satisfaction survey from the provided services,
IV. risk management and internal control
V. asserting or securing claims,
VI. providing information on proposed amendments to the Agreement, including the Regulations and Price List,
VII. handling complaints and claims concerning the services provided by Trans Area. 2.
(2) In addition, Trans Area may, on the basis of a separate consent [Article 6(1)(a) of the RODO Regulation], process data in order to:
(a) analyses of customer preferences and interests or development of the services provided based on automated processing by the DO Administrator. Based on the customer profile created, the DO Administrator may:
I. adapt the services provided to the individual interests of the customer,
II. offer a personalized offer;
b) marketing of own products or services and similar products and services offered by Trans Area partners,
c) direct marketing of products or services of entities co-operating with Trans Area, whereas the client’s personal data will not be made available to third parties. 3;
3) The marketing referred to in points b) – c) above may be carried out by Trans Area via electronic means of communication, i.e. SMS, e-mail, MMS, mobile application on a telephone and via telephone communication.

III. PERIOD OF PROCESSING OF PERSONAL DATA

Your data will be processed for the period necessary for the purposes indicated in pt. II purposes, including:
(a) for the duration of the contract, and thereafter for the period necessary for:
e-sale customer service (e.g. handling complaints)
secure and assert any potential claims to which Trans Area is entitled
for the performance of a justified legal obligation of the DO Administrator arising from the law, tax and accounting regulations;
b) personal data processed for the purpose of marketing Europcar’s own products or services on the basis of a legitimate legal interest shall be processed until the data subject objects;
c) personal data processed on the basis of a separate consent will be kept until revoked.

IV. RIGHTS OF THE DATA SUBJECT

You have the following rights under the RODO Regulations:
(a) the right of access to the personal data being processed, i.e. the right to obtain confirmation through the Controller DO whether and to what extent personal data are being processed;
b) the right to rectification of data where there is a reasonable suspicion that the data being processed are inaccurate or incomplete;
c) the right to restrict data processing, including: i. the right to withdraw consent granted earlier (withdrawal of consent shall not affect the lawfulness of data processing carried out on the basis of consent before its withdrawal), ii. the data subject has raised an objection to data processing – until it is established whether the raised objection to data processing is justified against the legitimate interest of the DO Administrator
d) the right to erasure of personal data in case: i. the data are no longer necessary for the purposes for which they were collected or otherwise processed, ii. the data subject has raised an objection to the processing of the data, iii. the data subject has withdrawn the consent on which the processing is based and there is no other legal basis for the processing, iv. the data are processed in violation of applicable laws, v. the data must be erased in order to comply with an obligation under the law.
e) the right to data portability through the Controller DO to another controller insofar as the processing is based on a contract concluded with the data subject or on a consent given by the data subject;
f) The right to lodge a complaint with the competent supervisory authority in the event that the processing of personal data by Trans Area is considered to be in breach of the RODO Regulations;
g) The right to obtain intervention from the Controller of the DO, to express one’s position and to contest a decision based on automated processing.
The rights mentioned in a) – g) above can be exercised by contacting the DO Controller (address given in the introduction, with the note: “Data Protection”).

V. INFORMATION ON RECIPIENTS OF PERSONAL DATA

In connection with the processing of personal data for the purposes set out in point. II, your personal data may be made available to the following recipients or categories of recipients:
(a) Entities involved in the processes necessary for the performance of the contracts concluded with you,
b) Entities supporting Trans Area in its business processes, including entities processing personal data for the benefit of Trans Area (so called Trans Area processors) involved in carrying out our activities, including: agents, advertising agencies, sponsors and other entities involved in selling our services or organising marketing actions;
c) Entities related to Trans Area within the Trans Area capital group, in the performance of reporting and reporting obligations;
d) Entities providing telecommunications services;
e) Entities that provide debt collection services and entities that purchase receivables – in case you do not pay our bills or invoices on time;
(f) Providers of banking services, in order to make refunds to you or to provide a direct debit service;
(g) Courier or postal services providers;
(h) Providers of transport services;
(i) Entities printing correspondence and handling correspondence from customers;
j) Economic information bureaus and the BIK in order to obtain information about your debt available from these bureaus;
k) The Polish Bank Association in order to verify whether your identity document has been reported to the System of Restricted Documents;
l) Entities archiving documents;
m) Entities engaged in customer opinion surveys;
n) Entities providing Trans Area with technical services, including: developing and maintaining IT systems and websites, as well as providing Trans Area with ICT tools;
o) entities providing Trans Area with advisory, consulting, audit, financial, accounting and legal services;
p) Law enforcement agencies in case of suspicion of committing a crime in connection with the performance of an agreement concluded with Trans Area.

PERSONAL DATA PROCESSING

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(2) Cookies are text files that are stored on the end user’s device. They are intended for use on the website. First of all, they contain the name of the website of their origin, a unique number and storage time on the terminal device.
(3) The operator of the Trans Area Sp. z o.o. website is the entity that places cookies on the end device of the user and has access to them.
4th The website operator uses cookies in order to:
a) adjusting the content of the website to the user’s individual preferences; first of all, these files recognise the user’s device in order to display the website according to his/her preferences;
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c) possibility of logging into the service;
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The website uses two basic types of cookies: session and permanent. Session files are temporary and are stored until you leave the website (by entering another website, logging out or switching off the browser). Permanent files are stored in the user’s terminal equipment until they are removed by the user or for the time resulting from their settings.
The user can, at any time, change the settings of their browser to block the use of files (cookies) or each time obtain information on their placement on their device. Other available options can be checked in the settings of your web browser. Please note that most browsers are set by default to accept cookies on your terminal device.
(7) The Operator of the Website informs that changes in the user’s browser settings may restrict access to certain functions of the website.
(8) Files (cookies) used by the Service (placed in the end device of the user) can be made available to its partners and cooperating with its advertisers.
9th Information on the settings of web browsers are available in its menu (help) or on the website of its manufacturer.
10th Use of the service requires processing of personal data of the customer in the scope: ….. (e.g. name and surname, telephone number, e-mail, address of residence, etc.). The data shall be processed by Trans Area Sp. z o.o. to the extent necessary to conclude and perform the agreement . Transaction data, including personal data, may be transferred to PayLane Sp. z o.o. with its registered seat in Gdańsk at 4 Norwida Street, postal code: 80-280, KRS: 0000227278. to the extent necessary to process payment for the order. The customer has the right to access their data and correct them. The provision of data is voluntary, yet necessary to use the service”.

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